[TX] [TX] What’s the difference between a quitclaim and warranty deed?
I am a co-owner of the home that is being deeded over to me. We are getting it notarized in Washington State, but the paperwork shows Texas. How do I change that? Also, do I need a Special Warranty Deed or just a Quitclaim Deed form? The house has a clear title, and we own it outright—no loans on it, etc.
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Yes, the notary state can be crossed out and filled in by the notary. You can use either a Special Warranty Deed or a Quitclaim Deed. They both transfer title to the grantee.
The key difference between a Special Warranty Deed and a Quitclaim Deed lies in the level of protection and assurance each provides to the grantee (the person receiving the property):
A. Special Warranty Deed:
- Limited Guarantee: The grantor (seller) guarantees that the property was not encumbered during their ownership but makes no promises about what happened before they owned it.
- Warranties Provided: Typically includes covenants like the right to convey, freedom from encumbrances during the grantor’s ownership, and a promise to defend title against claims arising from their period of ownership.
B. Quitclaim Deed:
- No Guarantee: The grantor transfers whatever interest they may have in the property—if any—without making any warranties about title or ownership.
- Risk to Grantee: The grantee has no legal recourse if it turns out the grantor didn’t actually own the property or if there are title defects.
- Common Use: Typically used between parties who trust each other, like family members, divorcing spouses, or when transferring property into a trust or LLC.
Thus, the most common transfer method is the Quitclaim Deed for your situation.
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I am a co-owner of the home that is being deeded over to me. We are getting it notarized in Washington State, but the paperwork shows Texas. How do I change that? Also, do I need a Special Warranty Deed or just a Quitclaim Deed form? The house has a clear title, and we own it outright—no loans on it, etc.
Lexi, Chatbot
I understand the situation regarding the deed transfer mix-up. Have you already signed the paperwork with the incorrect state listed?
No
Lexi, Chatbot
Are you looking to correct the state listed on the deed and determine whether a Special Warranty Deed or Quitclaim Deed is more appropriate for this transfer?
Yes, it will be notarized in Washington State. Which is the right form to use? Will the Special Warranty Deed be sufficient, or do we need to do a Quitclaim Deed instead?
Lexi, Chatbot
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured, they’ll be able to help with your deed transfer.
No
Lori
Hey there! Welcome! I'm Lori, an attorney with many years of experience, and I'm here to help you. I’m live with you today.
- What city and state is the real property located in?
- Are you signing it in Washington? The paperwork should reflect where you are signing it for the notary. If you are signing and having it notarized in Washington, then the notary block should reflect that.
The property is in Dallas, Texas. We are physically located in Seattle, Washington.
My question also asked which form is legally needed for this transfer of ownership. Should the form be a Special Warranty Deed form or a Quitclaim Deed form? Also, when filling out the Special Warranty Deed form, it doesn’t allow you to change the state from Texas to Washington.
On the notary page, I didn’t see where you could change the state from Texas to Washington, unless that can be crossed out by my notary.
Lori
Understood. Thanks for the information. Please give me some time to review, do a bit of research, and draft my personalized response. I’ll get back to you as soon as possible.
Thank you, Lori.
Lori
Yes, the notary state can be crossed out and filled in by the notary. You can use either a Special Warranty Deed or a Quitclaim Deed. They both transfer title to the grantee.
The key difference between a Special Warranty Deed and a Quitclaim Deed lies in the level of protection and assurance each provides to the grantee (the person receiving the property):
A. Special Warranty Deed:
- Limited Guarantee: The grantor (seller) guarantees that the property was not encumbered during their ownership but makes no promises about what happened before they owned it.
- Warranties Provided: Typically includes covenants like the right to convey, freedom from encumbrances during the grantor’s ownership, and a promise to defend title against claims arising from their period of ownership.
B. Quitclaim Deed:
- No Guarantee: The grantor transfers whatever interest they may have in the property—if any—without making any warranties about title or ownership.
- Risk to Grantee: The grantee has no legal recourse if it turns out the grantor didn’t actually own the property or if there are title defects.
- Common Use: Typically used between parties who trust each other, like family members, divorcing spouses, or when transferring property into a trust or LLC.
Thus, the most common transfer method is the Quitclaim Deed for your situation.
Thank you, Lori. So I am safe using a Special Warranty Deed for this, and when I get to Texas to file it, Janet won’t have any problems filing it to secure it in her name?
Lori
Yes, that is correct.
Thank you for your time.
Lori
You’re welcome. Thank you for allowing me to assist you today. Have a nice day!
Lori
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